How Do I File a Challenge to Garnishment?
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If someone is taking money or property that the law protects, or if something about the garnishment seems wrong, you may be able to ask the court to stop it by filing a Challenge to Garnishment.
This is a form that asks the court to stop or reduce the garnishment — if the money or property is protected, the amount is too high, or the creditor is trying to take something they’re not allowed to.
You must act quickly. You have 120 days to challenge a wage garnishment and 30 days to challenge a bank or property garnishment, starting from the date on your garnishment notice.
This is a main way to stop or reduce a garnishment. Depending on your situation, there may be other options too, and you can learn more about those here.
Below are the steps to file a Challenge of Garnishment — and what to expect:
Get the Form
You should have received a Challenge to Garnishment form with the paperwork when you were notified. If you don’t have it, contact the court or the creditor and ask for a copy. You can find court contact information here.
Fill Out the Form
The form will ask you to explain why the garnishment should be stopped or reduced.
Write clearly and briefly. If you’re not sure what to say, look at the paperwork — it may include checkboxes to help guide your answer.
If you're saying that certain money or property is protected:
List the money or property that is being taken that you believe is protected.
Explain why it is protected. For example, you might write, "This money came from Social Security," or "This is a tool I use for work."
You can learn more about protected income and protected property here. ///
Attach Proof
Attach documents that show where the money or property came from, or how it’s used:
For protected income: Benefit statements, award letters, or bank records showing the deposit source
For protected property: Receipts, photos, or work-related documents
Protect your personal infomration. Cross out (redact) details like account numbers, Social Security numbers, or other sensitive information.
Make Copies
You’ll need:
One copy for the court
One copy for the creditor (the person or business trying to garnish your property)
One copy for your own records
Submit the form
Turn in the completed form with the court listed on your paperwork. For a list of contact information for Oregon courts, go here.
Send a copy to the creditor (or their lawyer, if they have one) QUESTION: CAN IT BE BY EMAIL - WE SHOULD SPECIFY
Get Ready for a Court Hearing (if one is Scheduled)
The court might schedule a hearing so you can explain your side.
If so,
Ask the court clerk when and where the hearing is
Write down notes about what you want to say
Bring your documents to support your case. Be ready to explain what the item is, how you use it, and why it should be protected from being taken.
Go to the court hearing
Be on time.
Bring your documents and notes.
Speak calmly and clearly. You don’t need to use legal words—just explain your side.
You can bring someone for support if you’d like
Get the Judge's decision
If the judge agrees with you, they will give a court order to:
stop the garnishment, or
requires your money or property to be returned.
If the judge does not agree, the garnishment may continue. The court order will explain the decision.
Get back property (if taken)
If the judge agreed wtih you and ordered to stop the garnishment:
Bring the court order to the sheriff or person holding your property.
If you're charged storage fees, explain that the property was protected and should not have been taken. Charging fees for storing protected property goes against the law's purpose—to help people keep essential items.